Astor Son Withheld Valid Passport, Prosecutors Say – The New York Times

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At Anthony D. Marshall’s arraignment on Tuesday, he turned over his passport. An expired passport.
Now, the Manhattan district attorney’s office is furious, and in a three-page letter to a judge in the case says the incident is reason to tighten Mr. Marshall’s bail conditions and start an inquiry.
It turns out that Mr. Marshall did have a valid passport — the same one he used to travel to Turks and Caicos last year — but did not admit it when asked by a detective, prosecutors said.
“At best, this incident demonstrates that the defendant has a cavalier attitude about the orders of the court,” two of the assistant district attorneys on the case said yesterday in the letter to Judge A. Kirke Bartley Jr. of Criminal Court.
“At worst, it demonstrates that the defendant purposely tried to defraud the court by surrendering an expired passport while retaining a current one,” the letter said.
Authorities noticed that the passport had expired only after Mr. Marshall turned it in. Then, a day after his arraignment on charges of exploiting his mother, Brooke Astor, for financial gain, Mr. Marshall was called by a detective in the case about another matter. He asked about the expired passport.
Mr. Marshall told the detective that the out-of-date passport was the only one he had and assured him that he would not apply for a new one until the old one was returned, according to the letter.
However, later that day, the detective contacted federal passport authorities, according to the letter, and learned that Mr. Marshall had been issued a new passport in April 2005.
At noon on Thursday, Mr. Marshall called the detective and told him that he had found a valid passport, the letter said. The detective told Mr. Marshall to bring it to him as soon as possible.
At 1:30 p.m., Mr. Marshall and his wife, Charlene, arrived at the district attorney’s office with the passport.
“Mrs. Marshall offered that the two passports had been bound in a rubber band and that she must have brought the wrong one to court by mistake,” the letter said.
But the prosecutors said in the document that it was difficult to believe that it was all an innocent mistake.
Mr. Marshall was released on a $100,000 personal recognizance bond. But prosecutors now believe that is not adequate.
They said they planned to request that Mr. Marshall put up either cash or properties “sufficient to guarantee that he appear at all future court appearances and that he take the orders of the court seriously.”

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